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Question on intellectual property



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I am posting this message at the request of a new Guild member, Margaret
Kasper.  Please reply to her at mkasper@xxxxxxxxxxxx
                                        Thank you,
                                        Bernadette Callery

>Date: Mon, 24 Sep 2001 13:26:40 -0400
>From: "Margaret A. Kasper" <mkasper@xxxxxxxxxxxx>
>Reply-To: mkasper@xxxxxxxxxxxx
>Organization: Atelier Soleil
>X-Mailer: Mozilla 4.61 (Macintosh; I; PPC)
>X-Accept-Language: en
>To: bcallery@xxxxxxxxxxxx
>Subject: copyright protection
>
>Hello, I am a member of GBW and hope you may be able to assist me or
>perhaps direct my inquiry to any helpful resource for the protection of
>intellectual property rights.
>
>My shop, Atelier Soleil in Montreal is a small hand bindery and retail
>shop
>providing binding of limited editions, unique volumes, repair and
>restoration
>work as well as offering courses, supplies and materials for book arts.
>Recently, I became aware that one of my original book designs was
>appropriated
>by a wholesale supplier for unauthorized reproduction in their catalog
>and on
>their web site.  The company acquired my book last spring when their
>sales
>representative made an unsolicited sales call at my workshop.
>
>I have contacted the owners of the company, [a United States company],
>and have
>been informed that yes, indeed, they liked the design and had it
>contracted out
>for reproduction to be included as a regular item in their sales catalog
>without
>making any attempt to inquire about copyright agreements with myself.
>They now
>decline any further contact with me, have not returned my phone calls or
>offered
>to remove the item from their sales stock.  Nor have they made any
>attempt to
>negotiate an agreement with me as to the purchase of this prototype.
>
>I am a member of the Canadian Book Binders and Book Artists Guild.  I
>have
>contacted this organisation, however, they are unable to provide any
>assistance
>with American companies or the protection of copyrights.  I understand
>that the North American Free Trade Agreement addresses this subject to
>some
>degree but I continue to be at a loss as to any specific actions which
>might be
>taken to prevent this company from continuing to produce my design and
>make a
>profit from its sales on both a wholesale and retail basis.
>
>Any information or references you might be able to offer regarding this
>situation
>would be very much appreciated.  Thank you for your kind attention to my
>request.
>
>Margaret Kasper
>Atelier Soleil
>371 Roy est
>Montreal, Quebec  H2W 1N1
>(514) 849-8626 (phone and fax)
>mkasper@xxxxxxxxxxxx
>

Bernadette G. Callery                   610 Kirtland St.
Voice (eve): 412-243-8492               Pittsburgh, PA  15208
Voice (day): 412-622-8870               FAX:  412-244-0922

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